RESTRAINT

Management, ethics and Law in relation to Restraint in mental health setting

Management, ethics and Law in relation to Restraint in mental health setting

Introduction

This supporting essay will outline the media article restraint titled “when the care becomes the harm” presented as a group, which identified the current issues around restraint in the nursing practice. The essay will identify and address the legal, professional and ethical explanation of using restraint as the last resort for non-adherence to medication; this will be critically examined using primary and secondary sources of information. Finally, this essay will critically reflect the team process, management and leadership in undertaking this task.

Chosen topic and relation to clinical practice area

The joint commission (2002) defined Restraint as any technique (physical and chemical) that prohibits an individual's freedom of movement, physical activities or normal access to body. The commission went further to define physical restraint as any technique that limits a person's freedom of movement in the form of applying physical forces or normal access to his or her body. Also, chemical restraint is defined as an improper use of sedating psychotropic drugs to manage with and control behaviour. Similarly, the Council and Care UK (2002) defined restraint as the intentional limitation of a person' voluntary movement or behaviour.

The group agreed unanimously to choose the topic Restraint and titled as “when the care becomes the harm” because most of us have observed the frequent use of physical and chemical restraint in our clinical practice areas; the dilemma of using restraint as a way of minimising risk and the same time caring for the service users. Also, to reduce or prevent the case of “Rocky” Bennett situation that gave rise to public outcry and subsequently changes of policy. As a final year mental health nursing student, there are many questions come to mind, like; is restraint the answer? Is there an alternative? And are the nurses competent enough.

Legal, professional and ethical issues

The main legislations applied to the chosen topic (Restraint) are as follows:

The MHC 1983, MAC (2005), Offences against the person Act 1861, DOLS, NMC code of conduct (2008), HRA (1998),CLA (1967),Civil law and Common law

The mental Capacity Act (2005) is prescribed to protect people that are unable to make decision, where decision is taking in the best interest of the adult. For example people with mental health condition, stroke, brain injury and learning disabilities. Also the deprivation of liberty safeguarding under the mental capacity Act (2005) provides the legal protection for those who are vulnerable.

The office of public sector information (2006), under the criminal law Act (1967) stated that a person may resort to reasonable force to defend oneself, defend others, and protect others, property and also to make a citizen's arrest.

The department of constitutional affairs (2006) stated that the human right act make allowance for individuals as having right to life, liberty and security; must not be subjected to torture, cruel, in human or degrading treatment and every individual has right of freedom of ...